Matter of N.R. (D.W.)
2024 NY Slip Op 02896 [227 AD3d 596]
May 28, 2024
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 3, 2024


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 In the Matter of N.R. and Another, Children Alleged to be Neglected. D.W., Appellant; Administration for Children's Services, Respondent.

Larry S. Bachner, New York, for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Karin Wolfe of counsel), for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (Riti P. Singh of counsel), Attorney for the Children.

Order of fact-finding and disposition (one paper), Family Court, Bronx County (E. Grace Park, J.), entered on or about June 26, 2023, which, to the extent appealed from as limited by the briefs, after fact-finding and dispositional hearings, found that respondent mother had neglected the subject children, unanimously affirmed, without costs.

The credible evidence supports the determination that the mother placed the children at imminent risk of impairment of their physical, mental, or emotional health (see Nicholson v Scoppetta, 3 NY3d 357, 368-369 [2004]; Family Ct Act §§ 1012, 1046). The mother's unspecified, untreated mental illness manifested in her belief that the very young children were being inappropriately touched/sexually abused by strangers, subjecting them to evaluations and examinations by medical professionals, child protective services, and police officers (see Matter of N.A.S. [V.H.], 217 AD3d 485, 486 [1st Dept 2023]; Matter of Lanelis V. [Daisy C.], 102 AD3d 441, 441-442 [1st Dept 2013]). There is no reason to disturb the court's credibility findings, which are entitled to deference (see Matter of Irene O., 38 NY2d 776, 778 [1975]; Matter of Moises G. [Luis G.], 135 AD3d 527, 527-528 [1st Dept 2016]).

The mother's contention that the court abused its discretion in conforming the pleading to the proofs is improperly raised for the first time in her reply brief (see Matter of Erdey v City of New York, 129 AD3d 546, 546-547 [1st Dept 2015]). In any event, the mother had a full and fair opportunity to address allegations concerning unsubstantiated accusations of sexual abuse of one or both of the children in 2020 that she, herself, testified to at both the Family Court Act § 1028 and fact-finding hearings (see Matter of Oksoon K. v Young K., 115 AD3d 486, 487 [1st Dept 2014], lv denied 24 NY3d 902 [2014]).

We have considered the mother's remaining arguments and find them unavailing. Concur—Singh, J.P., Kennedy, Rodriguez, Pitt-Burke, Michael, JJ.